Magistrates Act 1865 (SA)

ANNO VICESIMO OCTAVO ET VICESIMO NON0

A. D. 1865.

No. 6.

Alt Act to co~$lrn the Appoi.i.rtnzent and Jurisdiction qf Hpecinl Ilfayis-

trates in certailt cnses, and .for otlher purposes.

[Assented to, 4th August, 1865.1

HEXEAS by a n Ordinance of the Gov of South Australia, Preamble.

W with the adrice and consent of the Legislative Council	thereof, being KO. 5 of 1850, it was enacted that it should be XO.	6 of 1850, wc. 3.
lawful for Her Majesty, or for the Governor, in the nanic and on behalf of Her Majesty, from time to time, by commission under the Public Seal of the' Province, to nominate and appoint, during Her Majesty's pleasure, such and so many Justices of' the Peace as may be deemed fit and proper to be Special Magistrates, with reasonable and sufficient salaries, or without salary, to exercise the powers conferred on tltem by the now reciting Ordinance, and to execute

such other duties as may be assigned to them ~espectively : And Xo. 6 of 1860, aec,re+

whereas by another Ordinai~ce of the said Governor and Legislative Council, being No. B of 1850, any one of the Special Magistrates appointed, or to be appointed, under the provisions of the last- mentioned Ordinance, were ernpowerkd to do alone whatsoever was authorized by the now rcciting Ordinance, or by any statute or law then, or thereafter to be in force within the Province, to be done

by one or more Justice or Justices of the Peace: And whereas by an NO.	16 ot 1861.
Act of the Governor, with the advice and consent of the Legislative Council and House of Assembly of the said Province, being the " Local Court Act. 1861." the first-recited Ordinance was re~ealed:

And whereas since the 'passing of the lastmentioned ~ c t, ~ divers Recital of doubts u to appointment of

Justices of the Peace have been appointed Special Magistrates, who, Bpeoirl ~	~	~	~	t	~	~	w
from time to time. have exerciscd iurisdiction in all matters incext+&cam
conferred upon special Magistrates, k d e r and by virtue of the

F said

28O & 29VVICTORIA3, No, 6.

Special Magistrates Gon$rmation Act.-1 865.

Recital of doubta of

witdiction of Bpecial	said recited Ordinance, No 6 of 1850, and doubts are entertained
k	Pgiatrabs in certain	~especting the power of such before-mentioned Justices to exercise
C m #.	such jurisdiction: And whereas Special Mapistrates have, from time to time, been used to exercise singly the jurisdiction, authority, and powers, by which by divers Statutes and Ordinances, are required to be exercised jointly by two or more Justices of the Peace, and the validity of the exercise of such jurisdiction has lately been questioned-Be it therefore Enacted by the Governor-in-Chief of the Province of South Australia, with thc advice and consent of the Legislative Council and House of Assembly of the said
Pxoihce, in this present Parliament assembled, follows:
Commission of
Special Magistrate	1. Every commission, now or hereafter to be issued, by which any Justice of the Peace is or shall bc appointed a Special Magistrate, shall be valid and effectual for all purposes whatsoever, and shall be taken and construed to give to the person therein named, all the jurisdiction, powers, and stctthorities conferred on Special Magistrates by said recited Act No. 6 of 1850, during the period such com- mission shall remain in force and unrevoked.
confirmed.
Jurisdiction of

Bpecial Magietrate 2. Every Justice of the Peace who is or shall be appointed a

confirmed in certain	Special Magistrate, so long as his Commission remains in force and
cmed.	unrevoked, shall have jurisdiction, power, and authority, to do alone

QC, L&.JT, r. 44 whatsoever any one, two, or more Justices of the Peace may lawfully excrcisc P- within this Province in a summary manner, under or by virtue of any Act of the Imperial Parliament in force in the said Province, or under ,or by virtue of any Act or Ordinance of the Legislature of South Australia.

Convictione, orders,

&C., by Special Magis- 3. All convictions, orders, warrants, or condemnations already

trate confirmed.	made by any Special Magistrate shall be deemed to be valid ancl effectual, as if the same had been made after the passing of this
Except in certain
caBes.	Act; nevertheless this provision shall not be taken to revive any con- viction, order, warrant, or condemnation which before the passing
or concerning which proceediiigs have commenced, or are rrow hereof has been cancelled, quashed, or set aside by lawful authority,
pending before the Supreme Court, or has been set aside by consent of parties, for defect in the powers of the Special Magistrate to make the same,

h a l Gourta estab-	4.	The several Local Courts established by virtue of the " Local
lished under No. 35
of Appeal from sum-

of 1881 to be Courts	Court Act, 1861," are hereby declared to be Courts of Appeal from
mary convictions and	sum&ary convictions or orders made by a Justice or Justices of the

ordera.	r	Peace, in like manner as if such Local Courts had been mentioned in the said recited Act, No. 6 of 1850, in lieu and stead of Local Courts established by virtuc of the said rccitcd Ordinance, No. 5 of
185k

In the name and on behalf of the Queen I hereby assent to

this Act.

D. DALY, Governor.

Adelaide : Printed by autho&, by W. C. Cox, Government Printer, Viotoria-square.